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(영문) 서울중앙지방법원 2018.12.20 2017가합587756
주권인도 청구
Text

1. The defendant shall deliver to the plaintiff the share certificates representing each of the shares listed in the separate sheet.

2. The costs of lawsuit shall be.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a stock company C (hereinafter “C”) on February 3, 2016.

) New shares 492,00 shares (attached Form 1; hereinafter referred to as “instant 1 shares”) issued by the Company

(2) On March 23, 2016, the Plaintiff acquired 62,992 shares of new shares issued by D Co., Ltd. (hereinafter “D”) under the name of the Defendant. In addition, on May 23, 2016, the Plaintiff acquired 62,992 shares under the name of the Defendant.

3) On March 22, 2016, D held a general meeting of shareholders to divide the old shares of KRW 500 into new shares of KRW 100 per par value and passed the procedures for the division of shares under the Commercial Act. Accordingly, D’s new shares of KRW 62,992 acquired by the Plaintiff (attached Form 2; hereinafter “instant shares”) are 314,960 shares (hereinafter “instant shares”).

(4) On July 20, 2016, the Plaintiff sent a letter to the Defendant demanding the return of the shares Nos. 1 and 2 to the Defendant, and around that time, the said letter reaches the Defendant.

[Ground of recognition] Facts without dispute, Gap's entry in Gap's 5, 7, and 10 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the facts of the above recognition, the Plaintiff trusted the title trust of the instant shares Nos. 1 and 2 to the Defendant, and the Plaintiff terminated the said title trust agreement on July 20, 2016, barring any special circumstance, the Defendant is obligated to deliver to the Plaintiff the share certificates representing the instant shares Nos. 1 and 2 following the termination of the said title trust agreement.

(2) On February 2, 200, the defendant's assertion that the shares of this case were acquired in the name of the defendant is not asserted.

A. The defendant's assertion regarding the seizure of the shares of this case is that the shares of this case were already seized by F and the Republic of Korea, the defendant's creditor. Thus, the defendant's return of the shares of this case to the plaintiff.

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